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NO, you cannot record personal communications (talking)
unless all parties agree.
UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
NOTE: AVSS is not a law firm. Please contact a
lawyer for more information
§ 2512. Manufacture, distribution, possession, and advertising of wire,
oral, or electronic communication intercepting devices prohibited
How Current is This? 2-2010
(1) Except as otherwise specifically provided in this chapter, any person
who intentionally—
(a) sends through the mail, or
sends or carries in interstate or foreign commerce, any electronic, mechanical,
or other device,
knowing or having reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious interception of wire,
oral, or electronic communications;
(b) manufactures, assembles,
possesses, or sells any electronic, mechanical, or other device, knowing or
having reason to know that the design of such device renders it primarily useful
for the purpose of the surreptitious interception of wire, oral, or electronic
communications, and that such device or any component thereof has been or will
be sent through the mail or transported in interstate or foreign commerce; or
(c) places in any newspaper,
magazine, handbill, or other publication or disseminates by electronic means any
advertisement of—
(i) any electronic, mechanical, or other device knowing or having reason to
know that the design of such device renders it primarily useful for the purpose
of the surreptitious interception of wire, oral, or electronic communications;
or
(ii) any other electronic, mechanical, or other device, where such
advertisement promotes the use of such device for the purpose of the
surreptitious interception of wire, oral, or electronic communications,
knowing the content of the advertisement and knowing or having reason to know
that such advertisement will be sent through the mail or transported in
interstate or foreign commerce,
shall be fined under this title or imprisoned not more than five years, or both.
(2) It shall not be unlawful under this section for—
(a) a provider of wire or
electronic communication service or an officer, agent, or employee of, or a
person under contract with, such a provider, in the normal course of the
business of providing that wire or electronic communication service, or
(b) an officer, agent, or
employee of, or a person under contract with, the United States, a State, or a
political subdivision thereof, in the normal course of the activities of the
United States, a State, or a political subdivision thereof,
to send through the mail, send or carry in interstate or foreign commerce, or
manufacture, assemble, possess, or sell any electronic, mechanical, or other
device knowing or having reason to know that the design of such device renders
it primarily useful for the purpose of the surreptitious interception of wire,
oral, or electronic communications.
(3) It shall not be unlawful under this section to advertise for sale a
device described in subsection (1) of this section if the advertisement is
mailed, sent, or carried in interstate or foreign commerce solely to a domestic
provider of wire or electronic communication service or to an agency of the
United States, a State, or a political subdivision thereof which is duly
authorized to use such device.
http://www.justice.gov/criminal/cybercrime/wiretap2510_2522.htm
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